ILL

I NOl

S

POLLUTI y~JQNT~JL

~OdRU

3ecenio~ 0,

i9~O

LI

lU-v

WiT~P J

kCR~~

UPL~.TL

,

~L.PA

R~GULAI

1 ~JNS

1—1—ilD

THPUUJH

6—30-Us’

PROPOSAL

FOR

PUBLIC

COMMENT

PRGPUSED ORDER

OF

THE BOARD

~by 3.

Aneerson):

Pursjant

to

Section

22.1

:~

~‘

~n

Un.

1

rOi1?OCa~ P~oters on

~st

~

tile

boo~d is

proposuly

to

~r~nd

trio

RLk~L;z-~o:

st~ ~‘eyt;.~1~ns

Sect ion

22.4

of

t~i~

Act

9overrs

acopsi

on

uT

~53J

aci

DOS

~SCOOi

1 S~1i~

tJi~

RCRA

program

in

illinois.

Section

L2.4~o) provices

for

yui~k

cD

on

of

regul ations

IOiCD

de

1deflti

cal

in

Sues

aricc

to

t

~DO~dl

~oqol ec~

on~

Socti

on

22.4(a)

c~cvidesthat

Ti tie

VII

of

te

~si.

and

Seor

I

or

S

of

~

Adrnirii

strati

ye

P

ocedue

Act

shall

not

apply.

Boccuse

tn

s

ri

1

ockin~

is

riot

subject

to

Section

5

of

the

Administrative

Proce~u~e

1CL,

it

is

not

subject

to

first

notice

o~to

second

notice

rev~e~

by

too

Joint

CoHinitt

en

Adi;iini strati

ye

Rules

(J1~AR).

Tno

feda~a1 RCRA

roJJ

ations

ure

found

at

40

c~

260

tn~ougn 270.

This

ruiLmaKiry

upd~tesIllinois

RCRA

rules

to

corroSpond

with

USEPA

anendrients

during

toe

pe~iodJanuary

1

tnrouyn

Jun~

30,

1939.

This

Proposea

Order

is

supported

by

a

P~oposedOpi

ni

on

adopned

this

same

aay.

The

text

of

the proposed

rules

is

attached

to

this

Order.

The

Board

will

rocci

ye

wni

tten

publ ic

coecont

on

tie

proposal

fur

46

days

after

toe

Gate

of publication

in

the Illinois Register.

iT

15

SD ORDERED,

I

,

Dorothy

N.

Gum,

Clerk

of

the Illinois Pollution Control

Board,

hereby

cert

y that the

above Proposec Order was adopted

or

the

•~~_

day

of

_______________,

1989,

by

a

vote

of

~

~& ~

Dorothy

N.

in,

Clerk

illinois Pollution

Ceritrol

Board

1~)6—293

-2-

TITLE

35:

ENVI R3N~4LNTA~

PRD

LECTI 0

SUDTITLE

0:

WASTU

D1SPUIAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

h~

PELIM1TE

PA~7 701

RCRA

AND

UIC

~il

0

P;

ril:~

Secti on

702.101

Applicao~

it

702. 102

Purpose

coo

Scops

702.103

Confidentiality

702. 104

Rt:fe~eflC.~.e

/02.105

Reiomokir~i

702.106

Agency

C”iteria

702. 107

PerH

Aoo~0l~

702. 105

Van

70~.

109

tnf c

~cecm:i.

702.110

Def~nitions

SUBPART

iS:

PERMiT APPLiCATIONS

Secti on

702.120

Permit Application

702.121

Who

Applies

702.122

Completeness

702.123

information Reujirements

702.124

Recordkeeping

702.125

Continuation

of Expiring Permits

702.126

Signatories

to

Permit Applications

and Reports

SUTPART

C:

PERMIT

CONDITiONS

Section

702.140

Conditions Applicable

to

all

Permits

702. 141

Duty to Comply

702.142

Duty to Reapply

702.143

Need

to Halt

or Reduce Activity not

a Defense

702.144

Duty to Mitigate

732.145

Proper Operation

and

Maintenance

702.146

Permit Actions

702.147

Property Rights

702.148

Duty to Provide Information

702.149

Inspection

and Entry

702.150

Monitoring

and Records

702.151

Signatory Requirements

702.152

Reporting Requirements

702.160

Establishing Permit Conditions

702. 161

Duration

of Permits

702.162

Schedules of Compliance

702,163

Alternative Schedules of Compliance

702.164

Recording and Reporting

SUBPART

0:

ISSUED

PERMITS

Secti on

106—294

---

-3-

/02. ~81

Effect

of

a

Permit

702.15?

Transfer

70?. IdU

Modification

702. ie~

Causes

for

Modifi cati on

702.155

Facility Siting

132.

183

Fe

vocati or

702.137

MIno

Doe ~ications

AUT~0PiTY:

inpI orient

ig

5cr ti on

13

cnn

22.4

and

authuri zed

oy

Secti on

27

of

th.;

2nvi~onrerite

Protection

Act

(Ill.

Rev.

Stat.

1988 Supp.,

ch.

Ill

I:.

pars.

1013,

i0?2.a and

1027;).

SOURCE:

Adopted

in

P31-32,

47

PCB

93,

at

6 Ill. Peg.

12479, effective

as

noted

in

35

111.

Adm.

Code

700. 106;

amenood

in R82-19

at

at,

53 PCB

131,

7

ill.

RL3.

10332, eff~tiv~~s

rotee

in

3D

ill.

Act. Code

700. 106;

anenucu

~ri

P54-9

at

9 111.

Peg.

11926,

effective

July

24,

1955;

amended

in R85—23

at

10

ill,

keg.

13274, elfeetiv~July 29,

1956;

ainendec

ii

P56—1

at

10 i~l.Roy.

4053,

effective

August

12,

1 956, amended

n 586-22

~t

11

111.

Peg.

6131,

ef

~ct1

ye

Mc~cn2~.

lYoi

amended

in

k37-5

at

11

ill.

Reg.

19376,

effective

No’omber

12,

198/;

aID

idod

in

P87—26

at

12

Ill.

Peg.

2579,

effective

Jam

d~y

15,

iYbe;

cr~fldCd

in RSi—29

at

12

111.

Peg.

6673,

effective Mc”th

28,

1933;

amended

in

P37—DO

at

12 Ill.

Peg.

13083,

effective July 29,

1983;

amended

in

Rb9-1

at

13

111.

Rey.

,

effective

November

13,

1989;

amended

in

R89—9

at

14 Ji.

Peg.

,

effective

SUBPART

B:

PERHT APPLICATIONS

Section 702.122

Completeness

Tne

Agency

shall

not

issue

a

permit

under

a

program

(RCRA

or

UIC)

before

receiving

a

complete

application

for

a

permit

under

tnat

prograni

except

for

emergency

permits.

An

application

for

a

permit

under

a

program

is

complete

when

the

Agency

recei yes

an

application

form

and

any

supplemental

information

which

are

comp’eteo

to

its

satisfaction.

(35

111.

Adm.

Code

705.122).

An

application

for

a

permit

is

complete

notwithstanding

the failure

of

the owner

or operator to submit

the exposure information described in

35

ill.

Aom.

Coce

70.3.186

(RCRA).

The Agency may deny

a permit

for the active

life of

a

hazardous waste management facility

or unit before

receiving

a complete

application

fur

a

permit.

~RCRA)

—e~e r4ete~

See-BOARD

NOTE:

Derived

from

40

CFR

144.31(d)

and

270.10(c),

as

anended

at

54

Fed.

Roy.

9607,

March

7,

1989.

effective

Source:

Amended

at

14

Ill. Reg.

106—295

---

-4-

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE 6:

WASTE DISPOSAL

CHAPTER I:

POLLUTION

CONTROL

SUBCHAPTER

b:

PART

703

RCRA

PERMiT

PRO6R~V

SUBPART

!~:

GENERAL

PROV1S

70i.AOO

Scope

and

Relat\on

to

Otner

Parts

703.10k

Purpose

703.110

References

SUBPART

B

PROHiBITIONS

Section

703.120

Pro’ ~b.iiions

in Gen~”a

703.121

RCR:.. Permits

703.122

Spt.nh.c

inciusions

in

Permit

Program

703.123

Specific Exclusions from Permit Program

703.124

Discharges of Hazardous Waste

703.125

Reappl ications

703.126

InItial Applications

703.127

Federal Permits (Repealed)

SUBPART C:

AUTHORIZATION BY RILE

AND

INTERIM STATUS

Section

703.140

Purpose

and

Scope

703.141

PermIts

by

Role

703.150

ApplIcation by Existing

HWM

Facilities

and

Interim

Status

Qualifications

703.151

ApplIcation by New

HWM

Facilities

703.152

Amended

Part

A

Application

703.153

QualifyIng

for

Interim Status

703.154

Prohibitions

During

Interim

Status

703.155

Changes

During

Interim

Status

703.156

Interim

Status

Standards

703. 157

Grounds for Termination of Interim Status

703.158

Permits for Less Than an Entire Facility

703.159

Closure by Removal

703.160

Procedures for Closure Determination

SUBPART D:

APPLICATIONS

Section

703.180

•Applications

in General

703.181

Contents of Part A

703.182

Contents of Part B

703.183

General

Information

703.184

Facility Location Information

703.185

Groundwater Protection Information

703.186

Exposure Information

703.187

Solid Waste Management Units

703.188

Other

703.200

Specific

106—296

---

-0-

703. 201

Coritai ners

703. 202

TanS

Systems

/0r.203

~oriaceImpoundments

!0.2ud

Waste

Piles

703.203

Incinerators

70$.2u6

Land

T~eatment

703.20/

Lanofills

70n,

209

Mi

sce

11

ameous

Uni

ts

SUBPART

E:

SHORT

TLPM

AND

PHASED

PERMITS

Secti on

703.22a

Emergency

Permits

703.222

Intl nerato~’Conditions

Prior

to

Trial

Burn

703.223

incinerator

Conditions

Durinc

Trial

Bu~n

/03.

244

iiiC~

narator

Conditions

/~fLer7 ~iai

Burn

103.225

Triol

Burns

for

Existing

incinerators

703. 230

Lane

Treetuient

Denonstrati

on

7u3.231

Research,

Development

and

Demonstration

Permits

SUBPART

F:

PERIIT

CONDiTiONS

OP

DENIAL

Secti

on

703.240

Permit

Denial

703.241

Establisniny

Pe”riit

Conditions

703.242

Noncompliance

Pursuant

to

Emergency

Permit

703.243

Monitoring

703.244

Notice

of

Planneo

Changes

/03.245

Twenty-four

Hour

Reporting

703.246

Repoting

Requirements

703.241

Anticipated

Noncompliance

SUBPART

B:

CHANGES

TO PERMITS

Section

703.263

Transfer

703.278

Modification

103.271

Cases

for Modification

703.272

Camses

for Modification

or Pci ssuance

703.273

Facility Siting

703.280

Permit Modification

at the Request

of the Permittee

703.281

Class

1 Modifications

703.282

Class

2 Modifications

703.283

Class

3 Modifications

Appendix A Classification of Permit Modifications

AUTHORITY:

Implementing Section 22.4

and authorized

by Section

27

of the

Environmental

Protection Act

(Ill.

Rev.

Stat.

1988 Supp.,

ch.

111 1/2,

pars.

1022.4

and

1027).

SOURCE:

Adopted

in P82-19,

53 PCB

131,

at

7 111. Reg. 14289, effective

October

12, 1983;

amended

in R83-24

at

8 111. Reg.

206,

effective December

27,

1983;

amended

in R84-9

at

9 III. Reg. 11899, effective July 24,

1985;

amended

in R85-22

at

10

Ill.

Reg.

1110,

effective January

2,

1987;

amended

in R85—23

at

10 111.

Peg.

13284, effective July

28,

1986;

amended

in R86-1

at

10 Iii.

Peg.

14093,

effective August

12,

1986;

amended

in P86-19

ac

10 Iii.

Reg.

1.06—297

---

—6-

20~U2

effe:ti

ye

Decc:o~r2,

198t;

amended

in

P86—23

at

11

111.

Peg.

612

effective

Mnrcr,

24,

19c)

;

amendee

in

520—06

at

11

111.

Peg.

13543,

effect

i

Au~st

4,

1987;

anenoec

in

R83-L

at

J

iii.

Peg.

19H3,

effective

N~~nrnber

12,

~981;

anerideo

in

R8~-26 at.

12

il,

Reg.

2564,

eft~:ctive January

i5~

Ji:;

ciiended

in

P83—39

at

12

11

.

Peg.

13069,

effectivL

July

29,

1938;

ned

in PHi—id

at

13

iii.

Roy.

~

3,

e~fectiye

0

tenDer

27,

1938;

amended

i:

i89—.

cit.

H:,

Pee.

e’

ti~

Noveirbe

~d,

!989;

arnenn

i’~

P5OM

v

~

“

3:

,‘

koHl 8

1

eCtion /U3~21

RCPT

Pam

a)

No person

shal

I

cormHct

any

hazardous

waste

stor

ge,

nnizardous

waste

trertmeni.

or

fldZo~G~

jC

waste

ci sposa

operation:

Ni

tinout

a

RLPn

Inrr..

for

the

H~J~i

I naza

cOcos

was

to

Inane

~r~’

faH

it;

or

2)

in

violation

of

any

conciitiori

i~.

used

by

a

RCRA

penmit

b)

Owners

an.

operators

of

HWId

units

—~esb—shaIl have

permits

curing

trio

•

-I.

•

active

life Jnclndlnc

the closure period)

of

trio

unit.

Owners

and

operators

of sur~ace

~ounoments,

landfills,

land treatment

units

and

waste

pile

erits

that

received

wastes

after

July

26,

1982,

or

that

certified

Josure

~according

to

35

H.

4dm.

Code

?25.2i5)

after

January

26,

1963,

—~st—shal

I

have

post—closure

permits,

unless

they

demonst”ate

closure

by

removal

as

provided under Sections 703.159

and

703.160.

if

a

post-ciosame

permit

is

required,

the

permit

must

aucress

applicable

35

lii,

Adm.

Code

724

groundwater

nonitorng,

unsaturated

zone

monitoring,

corective

oction

uric

post-closure

care

requl rements.

~j

The

denial

of

a

permit

for

the

active

life

of

a hazarcous waste

man~yernent

facility or

unit does

not

affect the

requirement

to obtain

d

post—closure

r~rmit under

this

Section.

—~B@AR~

~4Q~E~~ee-B0ARD

NOTE:

Derived

from

40

CFR

270.1(c)

—98~

as ~

at

b2

Fe~

~

4~

~eee~e~

~

~9~T~—(198S),

as

amended

at

54

Fed.

Peg.

9607,

March

7,

1989.

(Source:

Amended

at

14

~1l.

Reg.

,

effective

SUBPART

C:

AUTHORIZATION

BY

RULE

AND

INTERIM

STATUS

Section

703.155

Changes

During

Interim

Status

a)

-~4e~

hews

wastes

Ret p~ev+e~sIy+~eRt4f+e~

+A

PaFt

A

ec the

a~p~eat4e~

~ay~etFeate~ste~edeF ~+s~ese~e~a~a

~ae~4ty -Except

as

provided

in

subsection’

(b),

the owner

or operator

of

an interim status facility may make the following changes

at

the

facility:

1)

Treatment,

storage

or disposal

of new hazardous wastes

not

106—

29~3

---

—7—

previously

identified

in Part A

of

the

permit

application

(and,

in the case

of

newly

listed

or

identified

wastes,

addition

of

the units

being

used to treat,

store

or dispose

of

the

hazardous

wastes

on the date of

the

1 ist~(p~

or

identification)

if

the

owner

or

operator

submits

a

revised

Part

A

pammit

application

prior

to

such -a

~

b

2)

Increases

in

the design

capacity of

processes used at

—a—the

facility— ~aybe ~a~e-if the

owner

or

operator submits

a

revised Part A permit

application prior to

such

a change

(along

with

a justification explaining the need

for the

change) and

the

Agency approves the

change because —ef—:

~

There

is

a lack of available treatment,

storage or disposal

capacity

at

other

hazardous waste management

facilities;

or

B)

The

change

is

necessary to compJ~with

a federal,

State

or

locairegu

i

nement,includin~Jli.Adm.~j~728o~

729.

?

3)

Changes

in

the processes for the treatment,

storage

or disposal

of hazdrdous waste may

be made

at

a

facility

or addition—at— of

processes —say be a~e~

—if the owner

or

operator submits

a

revised Part A permit application

prior to

such

a

change

(along

with

a justification explaining the need

for change)

and

the

Agency

approves the change because:

A)

4t-The

change

is

necessary

to

prevent

a

threat

to

human

health

or the environment

because

of

an emergency

situation;

or

2

B)

4t—The change

is necessary to comply with —FedeFa~

aR~

~tateFe~at+eRs—afederal,

State

or

local

requirement,

including 35 Ill. Adm. Code

725,

728 or 729

4)

Changes

in

the

ownership

or

operational

control

of

a

facility

-may

be

~a~e -if

the

new

owner

or

operator

submits

a

revised

Part

A

permit

application

no

later

than

90

days

prior

to

the

scheduled

change.

When

a

transfer

of

ownership

or

operational

control

of

a

facility

occurs,

the

old

owner

or

operator

shall

comply

with

the

requirements

of

35

Ill.

Adm.

Code

725.Subpart

H

(financial

requirements),

until

the

new

owner

or

operator

has

demonstrated

to the Agency that

it

is complying with the

requirements

of that Subpart.

The

new owner

or operator shall

demonstrate compliance with

the financial

assurance requirements

within

six months

after the date of

the change

in the ownership

or operational

control

of the facility.

Upon demonstration to

the

Agency

by

the

new

owner

or

operator

of

compliance

with

the

financial

assurance requirements, the Agency

shall

notify the

old owner or operator

in writing that the old owner

or operator

no

longer needs to

comply with 35 Ill. Adm. Code 725.Subpart

H

as

of the date of demonstration.

All

other

interim status

duties

are transferred effective immediately upon the date of

106—299

---

-8-

the

change

of

ownership

or

operational

control

of

the

facility;

5)

ç

esma

in~icc2

am with

an

interim status

corrective

action order

issued

by:

USEPA under Section 3008(h)

of

the

Resource Conservati

on

end tee yen’ Actor

other iederal

~

to

a

~

t

u

tine

Lnvi~~onamntaidrotecti o

~

~~eBoa~dCinane

en

dam

t

u

~

suose.

t

i

~ i

a

-

1

m1eeCth~

treatment~__stoni~~u

sposal

of

501 id wast e

from

rd

eases

that

oritinate_within the boundary

of the facili

D)

—~A RC

~

s~a

?kati~CS

~ee~ee

~ce

N~ fae~~+~y

~ae

states

~

~~es

listed

under

subsection

,a1

must

not

be

made

if

they

amount

to

reconstruction

of the HH

facility.

Reconstruction occurs

when

the capi tai

investment

in

the

changes

to

the

faci

1 ltv

exceecs ~i

ft

percent

of

the

caoita

cos

of

a

comparable entirely

new

fdcility.

If

all

other

requl rdments

are met,

tin~J2JjovJ13Jucnamuam

_______

amount toe amconstruction:

1)

—G~a~es

CA?CF

t~s

~eet+eecc

cet

e~cstc—Changes

mace

soL

for

the

purpose

of

complying

with requirements

of

35 Ill.

Adam

Code 125.293 for

tanks and ancillary equipment.

~

f~ces~artocomlwithteueral,

State

or

local

~ents,

md

udin

35

Ill.

Adni.

Code 725,

728

or 729,

~

existing

unit,

changes

solely

involving

tanks

or

containers,

or

addition of

replacement

surface impoundments

that

satisfy the statutory standards of Section

35

Ill. Adam Code

728. 139.

~

Changes

that

are

necessary

to

all

ow

owners

or operators

to

continue handling newly listed

or identified hazardous wastes

that have been treated,

stored

or disposed

of

at

the facility

prior

to the effective date of the

rule establishing the new

listing

or

identification.

~J

Changes during closure

of

a facility

or of

a unit

within

a

facility made

in accordance with

an

approved closure

plan.

~j

Changes necessary to

comply with an interim status

corrective

action

order

issued

by:

USEPA under Section

3O~~h)

of the

Resource Conservation and Recovery Act or other

federal

authority;

a

court pursuant to

a judicial

action

brought

by

USEPA;

a court

pursuant to the Environmental

Protection Act;

or, the Board.

Changes under

this subsection are

limited

to

the

treatment, storay~or disposal

of solid

waste

from releases that

~~na~~ithin

thebou~of~hef~i1i~

~J.

Changes

~

~RdeF

th4s ~e?t~eR

~e

Ret

4~?~.e~e

?haR~es

-to

treat

or

store,

in

—eeRta~ReFs

OF

—tanks

or

containers,

hazardous

wastes

subject

to

land

disposal

restrictions

imposed

in

35

Ill.

Adm.

Code

728,

provided

that

such

changes

are

made

solely for the purpose

of complying with 35

ill.

Adm.

Code

728.

106-300

---

—9-

-~QARPkQT~ ~ee-~3AeD

NoTE:

derived_frori

40

CFF

2/3.72

as ~ece~e

&?

SR

Pc

Re

4R~t~~eeew6es ~

(1988),

as

amended

at

54

Fe~~

Reg.

9607,

11cr

n

7,

1969.

Source:

Amended

at

14 111.

Peg.

,

effective

Section

703.157

Grounds

for

Terriinatior

am

Ini.erin

Stains

I nterim

status

termi nates

wnen:

a)

Final

administrative disposition

of

a

permit

application

is made;

or

b)

The

owner

or operator fails

to furnish

a

oquested Pert

B application

on time,

or

to

fu-nish the

full

information requthed

by the

Part

B

application,

in

which

case

tine

Agency

sh~Il notify

the

owner

and

operator

of

the

termination

of

interim

status

following

the

procedures

for

a

notice

of

intent

to

deny

a

permit

pursuant

to

35

111. Adm. Code 705.

c)

For

owners

or

operators

of each land

.sposai

facility which

has

been

granted interim

statue prior

to

November

3,

1964,

on

November

6,

1985,

unless:

1)

The owner

or

operator submits

a

Part

B

application for

a permit

for

such

facility

prior

to

that

date;

and

2)

The owner

or operator certifies that sucn facility

is

in

compliance with

all

applicable g~oundwatermonitoring

and

financial

responsibility requirements.

d)

For owners

or operators of each land disposal

facility which

is

in

existence on the effective date of

statutory or

regulatory amendments

under

the

Resource

Conservation

and

Recovery

Act

that

render

the

facility subject

to the requirement

to

have

a RCRA permit and which

is

granted

interim

status,

twelve

months

after

the

date

on

which

the

facility

first

becomes

subject

to

sucn

permit

requirement

unless

the

owner

or

operator

of

such

facility:

1)

Submits

a Part

B application for

a RCRA permit

for

such facility

before the date

12 months

after the date on which

the facility

first becomes subject

to such

permit

requirement;

and

2)

Certifies that such facility

is

in

compliance with all

applicable groundwater monitoring

and

financial

responsibility

requirements.

e)

For owners

or

operators of

any land disposal

unit that

is

granted

authority to

operdte under Section 7O3J55(e)~1), (2) or

(3),

on the

day 12 months

after the effective date of such requirement, unless

the

owner

or operator certifies that such unit

is

in compliance with

all

applicable 9roundwater monitoring and financial

responsibility

requirements.

(35 Ill. Adam Code 725.190

et seq.

and 725.240

et

seq.)

106—301

---

-10-

f)

For

owners

and

operators

of

each

incinerator

facility

on

November

8,

1989,

unless

the

owner

or

operator

of

the

facility

submits

a

Part

B

application

for

a

PCPA

permit

for

an

incinerator

facility

by

Novelber

8,

1986.

f

~)

For owners

and operators

of

any facility

(other than

a land disposal

or

an

incinerator

facility)

on

November 8,

1992,

unless

the owner

or

operator of

the

facility submits

a Part

B application for

a RCRA

permit

for the facility by

Novernoer 8,

1984.

-~14ete~see—BOARD

NOTE:

Derived from 40 CFR 27O.1O(e)(5)

(1988) and

270.73-~~—(1988),

as amended

at

54 Fed.

Peg.

9607, March

7,

1989

Source:

Amended

at

14 Ill. Reg.

,

effective

SUBPART

0:

APPLICATIONS

Section 703.183

General Information

The following information

is

required

in the

Part

B application

for

all

HWM

facilities,

except

as

35 ill. Adm. Code 724.101 provides

otherwise:

a)

A general description

of the facility;

b)

ChemicH

and physical

dnaiyses of

the hazardous wastes

to

be handled

at

the facility.

At

a minimum,

these analyses must contain

all

the

information which must

be known

to

treat,

store

or dispose

of the

wastes properly

in accordance with

35 Iii. Adm. Code 724;

c)

A copy of

the waste analysis plan required by

35 Ill. 4dm. Code

724.113(b)

and,

if applicable,

35

111.

4dm.

Code 724.113(c);

d)

A description

of the security procedures and equipment required by

35

Ill. Adam Code 724.114, or

a justification demonstrating the

reasons

for requesting

a waiver

of this requirement;

e)

A copy of the

general

inspection

schedule required

by

35 Ill. Adm.

Code 724.115(b)—t

4.—.

Include where applicable,

as part of the

inspection schedule,

specific requirements in

35

Ill. Adm. Code

724.274,

724.293(i),

724.295,— ~24~294~—724.326,

724.354,

724.373,

724.403 and 724.702;

f)

A justification

of any

request for

a waiver

of the preparedness

and

prevention requirements

of

35 Ill. Adam Code 724.Subpart

C;

g)

A copy

of the contingency plan required

by

35 Ill. Adm. Code

724.Subpart D;

BOARD NOTE:

Include, where applicable,

as part

of the contingency

plan,

specific requirements

in

35 ill.

4dm.

Code 724.327 and

724.355.

35 Ill. 4dm. Code 724.355

has not yet been adopted.

h)

A description

of procedures, structures

or eQuipment used

at

the

106—302

---

—ii—

facility

to:

1)

Prevent

hazards

in

unloading

operations

(for

example,

ramps,

special

forklifts);

2)

Prevent

runoff from hazardous waste handling areas

to

other

areas

of

the facility or envi-onmunt,

am

to

orevent

flooding

jor exampre,

Derms,

diKes, trencher

3)

Prevent

contamination

of

water

supplies;

4)

Mitigate

effects

of

equipment

failure

and

power

outages;

and

5)

Prevent

undue

exposure

of

personnel

to

hazardous

waste

(for

example,

protective

clothing);

i)

A

description

of

precautions

to

prevent

accidental

ignition

or

reaction

of

ignitable,

reactive

or

incompatible

wastes

as

requthed

to

demonstrate

compliance with

35 111.

4dm. Code

724.117 including

documentation demonstrating compliance

with

35 ill.

Adm. Code

724. 117(c);

j)

Traffic

pattern,

estimated

volume

(number,

types

of

vehicles)

and

control

(for

example, show turns

across

traffic

lanes and stacking

lanes

(if appropriate); describe access

road surfacing and

load

bearing capacity;

show traffic control

signals);

k)

Facility location information

as

required by Section

703.184;

1)

An

outline

of both the introductory

and continuing training programs

by owners

or operators

to prepare

persons

to operate

or maintain

the

HWM facility

in

a

safe manner

as

required to demonstrate

compliance

with

35 Ill. Adm. Code 724.116.

A brief description

of

how training

will

be designed

to meet actual

job tasks

in accordance with

requirements

in

35 ill. 4dm. Code 724.116(a)(3);

m)

A copy of the closure plan

and, where applicable, the post-closure

plan required by

35 Ill. 4dm. Code 724.212, —a~—724.218 and

724.297.

Include where applicable,

as

part of the

plans, specific

requirements

in

35 Ill. 4dm. Code 724.278,

724.297,

724.328, 724.358,

724.380, 124.410, 724.451,

724.701 and

724.703;

n)

For hazardous waste disposal

units that have been closed,

documentation that notices required under

35 Ill. 4dm Code 724.219

have been filed;

o)

The most recent closure cost estimate for the facility prepared

in

accordance with 35 Ill, 4dm.

Code 724.242 and

a

copy of the

documentation required to demonstrate financial

assurance under

35

Ill.

4dm.

Code 724.243.

For

a

new facility,

a

copy of the required

documentation may be

submitted 60 days prior to

the

intitial

receipt

of hazardous wastes,

if

it

is

later than the submission

of the Part

B;

106—303

---

-12-

p)

Where ~opl1cable,

the most

recent r.st_closure cost

estindu..

hr

thc

faclli~yprepared In acco”dance vitc. 35 Ill. Mr. Cooc 724.244 plus

c

copy of

the

documentation req.lred to demonst”ote finarcial assaralce

under 35 111. AS.. Code 724.245;

For

a new facility,

a copj of

the

required

documentation may be

subsi1itted 60 days prior to thc Intitlal

receipt

of

hazardous

wastes,

if

it

is

later

than the subrissior

of

the Part B;

q)

Where applicable,

a copy of the insurancc policy or otker

documentation which comprises complianc

with

tti~

~equfre,.i~rits

of

3t

ill.

Adm.

Code

724.247.

For

d

new facili.y,

do;unentatir

shcwing

the

amount

of

insurance

meeting

tie specification of 35

lil.

hr.

Code

724.247(a)

and,

if

applicable,

35

Ill.

Adn.

Code 124.247t~,,

that the owner

or

operator

plans

to

have

in

effect

before

initial

reccipt

of

hazardous

w&stc

for

treatricnt,

storagc

~r

dispoa.1.

A

requ

st

for

an

alternative

level

of

required

coverage,

for

a

nets

o’

existing

facility,

may

be subnitted ds speciflea

in 35 Ill. Ads.

Coot.

724.247(c);

s)

A topographic

map

showing a dlstanc~of 1000 feet around the facility

at

a

scale

of

2.5

centImeters

(1

inch)

equal

to

not

more

thasi

61.0

meters

(200

feet).

Contours

must

be

shown

on

the

map.

The

contour

Interval

must

be

sufficient

to

cleanly

show

the

pattern

of

surface

water

flow

In

the

vicinity

of

and

from each operational unit of the

facility.

For

example,

contours

with an Interval of 1.5 meters

(5

feet), if

relief

is

greater

than

6.1

meters

(20

feet),

or

an

interval

of 0.6 meters

(2 feet), if relief is less than 6.1 meters (20

feet).

Owners

and operators of HWM facilities located In mountainous

areas shall

use larger contour Intervals to adequately show

topographic profiles o

facilities.

The

map

must clearly show tne

following:

1)

Map scale and date;

2)

100-year floodplain area;

3)

Surface waters including Intermittent streams;

4)

Surrounding land uses (residential, connercial, agricultural,

recreational);

5)

A wind rose

(I.e., prevailing wlndspeed and direction);

6)

Orientation of the map

tnorth

arrow);

7)

Legal

boundaries

of

the

Hill

facility

site;

8)

Access control

(fences, gates);

9;

injection

ano

withcirawal

wells

both

on-site

and

ott-site;

10)

Buildings; treatment, storage or disposal operations; or other

structures

(recreation

areas,

runoff

control

systems,

access

and

internal

roads,

ston, sanitary and process sewage systems,

106304

---

—13—

loacinq

end

unloading

areas,

fire control

facilities,

etc.);

11)

Barriers

for

orainage or

flood control;

12)

Locat~on

of operational

units

within

the

HWM

facility site,

wheam

hazardous

waste

is

(or wili

be) treatea,

stored

or

di s~useu

(i nci add

equi pment

ci earup

areas);

BOARD NOTE:

F~am

laree HPt facilities,

the Agency

shall

allow

tue

usc

of

other

scaies

on

a

case

hy

case basis.

t)

i-~pplicants shall

submit

such

information

as

the Agency determines

is

necessary for

it

to

determine whether

to

issue

a permit

and what

conditions

to

impose

in

any permit

issued.

u)

For

land disposal

facilities,

if

a case-by-case extension

has

been

approved under

35

Ill.

4dm.

Code 724.105,

or

if

a petition

has been

approved under

35

ill.

4dm.

Code 728.106,

a copy of

the

notice

of

approval

of

the

extension or

of

approval

of

the petition

is

required.

BOARD NOTE:

Derived

from 40 CFR 270.14(b)

(1988),

as amended at54

Fed. Rey.

617, January

9,

i~?89.

source:

Amended

at

14

Ill.

Peg.

effective

SUBPART

E:

SHORT TERN AND

PHASED

PERMITS

Section 703.225

Trial

Burns

for Existing Incinerators

For the purpose—s—

of

determining feasibility

of

compliance with the

performance

standards of

35

ill.

4dm. Code 724.443

and of determining adequate

operating conditions

under

35 111.

4dm. Code 724.415,

the applicant for

a

permit

—to—for

an existing hazardous waste

incinerator -may—shall

prepare

and

submit

a

trial

burn

plan

and perform

a

trial

burn

in accordance with

Sections

703.205(b)

and

703.223(b)

through

(i),

or,

instead,

submit

other

information

as

specified

in

Section

703.205(c).

Applicants

submitting

information

under

Section

703.205(a)

are

exempt

from

compiidnce

with

35

Ill.

4dm.

Code

724.443

and

724.445

and,

therefore,

are

exempt

from

the

requ) rement

to

conduct

a

trial

burn.

Applicants

who

submit

trial

burn

plans

and

receive

approval

before

submission

of

a

permit

application

-~st—shall complete

the

trial

burn

and

submit

the

results,

specified

in

Section

703.223(f),

with

Part

B

of

the

permit

application.

If completion

of this process conflicts with the

date set for

submission

of the Part

B application,

the applicant —~st—shallcontact

the

Agency

to

establish

a

later

date

for

submission

of

the

Part

B

application

or

the

trial

burn

results.

4*

the

ap~4.~aRt

s~b~4.ts

a

tF4.aI.

~

p~ai~

w4.th

PaFt

B

8*

the pe~~t

a~pI~+eat+oR~

the t~*a~

~

west

~e ee~~ete~

aAd

the

FeS~tS

s~4tte~w*th*~the

t4.Re

pe~4-e~

s~ee~**e~

~ythe

A~eAeyT—Trial burn

results

must

be submitted prior

to

issuance of

the

permit.

When

the applicant submits

a

trial

burn

lan

with

Part

B

of_th~itapation,the~en~yshali

specify

a time period prior

to

permit

issuance

in which the trial

burn must

be

conducted

and the results

submitted.

—4Bea~14ete~.

See

4G

G~R

~22v2~~4444r~—B0ARD

NOTE:

Derived

from

40

CFR

270.62(d)

(1988),

as amended

at

54 Fed.

Peg. 4288, January

30,

1989.

106—305

---

-14-

Source:

Amended

at

14

ill,

Peg.

effective

SUBPART

F:

PERMIT CONDITIONS

OR DENIAL

Section

703.240

Permit

Denial

The Agency~~

pursuant

to the procedures

of

35

Ill.

4dm.

Code

705~d~~~e

~

~litorunitonl,

BOARD

NOTE:

Derived

from

40

CFR

270.29,

as

adopted

at

54 Fed.

Reg.

9607,

March

7,

I989.

Source:

Added

at

14

Ill.

Peg.

effective

Section

703.Appendix

A

Classification

of

Permit

Modifications

Class

Modifications

A.

General

Permit

Provisions

1

1.

Administrative

and

informational

changes.

1

2.

Correction

of typographical

errors.

1

3.

Equipment replacement

or upgrading with functionally equivalent

components

(e.g.,

pipes, valves,

pumps,

conveyors,

controls).

4.

Changes

in the frequency of

or procedures for monitoring,

reporting,

sampling or maintenance activities

by the

permittee:

1

a.

To

provide

for

more

frequent

monitoring,

reporting

or

mai ntenance.

2

b.

Other

changes.

5.

Schedule

of

compliance:

1*

a.

Changes

in

interim

compliance

dates,

with

prior

approval

of

the

Agency.

BOARD

NOTE:

H*U

indicates that prior Agency approval

is

~q~red.

3

b.

Extension

of

final

compliance

date.

1*

6.

Changes

in

expiration

date

of

permit

to

allow

earlier

permit

termination, with prior approval

of the Agency.

1*

7.

Changes

in ownership or operational

control

of

a facility,

provided

the procedures of Section

703.260(b)

are followed.

B.

General Facility Standards

106—306

---

-15-

1.

Changes

to

w~stu

sampl

ng

or

analysis

rnetriods:

1

a,

Th conform

with

Agency

guiuance

or board

regulations.

2

o.

Utner

changes.

2.

trances

to analytical o~~l

ity assu~~re/conamoi

ular~

a.

o

~orri

urm witn

aqency

uui ounce

or

ragu

!dtiC:.~

2

o.

Otner

ciionyes.

1

3.

Cnanges

in

procedures

for

maintaining

the

operating

record.

2

4.

Changes

in

frequcamy

or

content

of

inspection

schedules.

5.

Cnanyes

in

tne

trai ni

rig

plan:

2

a.

That

affect the

type or decrease

the amount

of

trainint

given

to employees.

1

5.

Other changes.

6.

Contingency

plan:

2

a.

Chanqes

in

emergency

procedures

(i.e.,

spill

or

release

response procedures).

1

b.

Replacement

with

functionally

equivalent

equipment,

upgrade

or

rc

ocate

emergency

equipment

listed.

c.

Removal

of

equipment

from

emergency

equipment

list.

d.

Changes

in

name,

adaress

or

phone

number

of

coordinators

or

other

persons

or

agencies

identified

in

the

plan.

Note:

When

a

permit

modification

(such

as

introduction

of

a

new

unit)

requires

a

change

in

facility

plans

or

other

general

facility

standaras,

that

change

must

be

reviewed

undam

the

same

procedures

as

the

permit

modification.

C.

Groundwater

Protection

1.

Changes

to

wells:

2

a.

Changes

in

the

number,

location,

depth

or

design

of

upgradient

or

downgradient

wells

of

permitted

groundwater

monitoring

system.

1

b.

Replacement

of

an existing well

that

has been damaged

or

rendered

inoperable,

without

change

to

location,

design

or

depth of the well.

106—3~)7

---

-16-

1*

2.

Changes

in

groundwater

sampling

or

analysis

procedures

or

monitoring

schedule,

with

prior

approval

of

the

Agency.

1*

3.

Changes

in

statistical

procedure

for

determining

whether

a

statistIcally significant change

In groundwater quality between

upgradient and downgradlent wells has occurred, with prior

approval of the Agency.

2*

4.

Changes In point of compliance.

5.

Changes in Indicator parameters, hazardous

constituents or

concentration limits (including ACL5 (Alternate Concentration

Limits)):

3

a.

As specified in the groundwater protection standard.

2

b.

As specified In the detection monitoring program.

2

6.

Changes

to

a

detection

monitoring

program

as

required

by

35

Ill.

Adm.

Code

724.198(j),

unless

otherwise specified In this

Appendix.

7.

ComplIance monitoring program:

3

a.

Addition of compliance monitoring program as required by 35

Ill. Adm. Code 724.198(h)(4) and 724.199.

2

b.

Changes to a compliance monitoring program as required by

35 Ill. Adm. Code 724.199(k), unless

otherwise

specified in

this

Appendix.

8.

Corrective action program:

3

a.

•Addition of a corrective action program as required by 35

Ill. Adm. Code 724.199(l)(2) and 724.200.

2

b.

Changes to a corrective action program as required by 35

Ill.

Adm.

Code 724.200(h), unless otherwise specified

in

this

Appendix.

0.

Closure

1.

Changes

to

the

closure

plan:

1*

a.

Changes

in

estimate

of

maximum

extent

of

operations

or

maximum

inventory

of

waste

on-site

at

any

time

during

the

active life

of

the

faáility,

with

prior approval

of the

Agency.

1*

b.

Changes

in .the

closure

schedule

for

any

unit;

changes

in

the

final

closure

schedule

for

the

facility

or

extension

of

the

closure

period,

with

pri.or

approval

of

the

Agency.

1*

c.

Changes

in

the

expected

year

of

final

closure,

where

other

106—308

---

-17-

permit

conditions

are

riot

changed,

with

prior

approval

of

the Aqcnc~.

1*

d.

Changes

in

procedures

for

decontamination

of

facility

equipment

or

structures,

with

prior

approval

of

the

Agency.

2

e.

Changes

in

attroved

closure

plan

resulting

from

uriexpectea

events

occur~in.gBering

partial

or

final

closure,

unless

oenerwise

soecified

in

this

Appendix.

3

2.

Creation

of

a

rice landfill

unit

as

part

of closure.

3.

Addition

of

the

following

new

units

to

be

used

temporarily

for

closure

activities:

3

a.

Surface

impoundments.

3

b.

incinerators.

3

c.

Waste

piles

that

do

not

comply

with

35

ill.

Adm.

Code

724.350~c).

2

d.

Waste

piles

that

comply

with

35

111.

4dm.

Code

724.350(c).

2

e.

Tanks

or

containers

(other

than

specified

below).

1*

f.

Tanks

used

for

neutralization, dewatering,

phase

separation

or

component

separation,

with

prior

approval

of

the

Agency.

E~

Post-Closure

1

1.

Changes

in

name,

address

or

pnone

number

of

contact

in

post—

closure plan.

2

2.

Extension

of

post-closure

care

period.

3

3.

Reduction

in the post-closure care period.

1

4.

Changes

to the expected year of

final

closure,

where other

permit

conaitions

are

not

changed.

2

5.

Changes

in post-closure

plan necessitated

by events occurring

during

the

active

life

of

the

facility,

including

partial

and

final

closure.

F.

Containers

1.

Modification

or addition of container

units:

3

a.

Resulting

in greater

than 25~increase

in the facility’s

container

storage

capacity,

except

as

provided

in

F(1)(c)

and

F(4)(a).

2

b.

Resulting

in

up

to

25

increase

in

the facility’s container

106—309

---

-18-

storage ~

C.

Or

treatment processes necessary

to treat wastes

that

are

~cted

from

land

dis

osal

to

meet

some

or

all

of

the

a~pplicabletreatment

standards

or to

treat wastes

to

sf

in

v~holeor

in

art

the standard

of

use

of

practically available technology that yields

the

greatest

environmental

benefit

contained

in

40

CFR

268.8(a)(2)(ii),

~r~oratedb

reference

in

35

Ill.

Ad~ode

728.108

riora

ro~’al of

theAenc.

This m~i

cation

nia

also

involve

the

addition

of

new

waste

codes

or

narrative

description of wastes,

It

is

not

applicable

to

dioxin-

containing wastes

(F020,

FO21, F022,

F023,

F026,

FO27

and

F 0281.

2.

2

a.

Modification of

a container unit without

increasing the

capacity of the

unit.

b.

Addition

of

a

roof

to

a

container

unit

without

alteration

of the containment

system.

3.

Storage

of

different wastes

in

containers,

except

as provided

in

3

a.

That

require additional

or different management practices

from those authorized

in

the permit.

2

b.

That do

not

require additional

or different management

practices from those authorized

in the

permit.

Note:

See Section 703.280(g) for modification procedures

to

be used for the management

of

newly

listed

or identified

wastes.

2

4.

Storage

or treatment of different wastes

in containers:

2

a.

That require addition

of units

or change

in treatment

pppcess

or management standards,

provided that the wastes

are restricted from land disposal

and are

to

be treated

to

meet some or

all

of the

a

licable treatment standards,

or

are to

be treated

to satisf

in whole or

in

art

the

standard

of

use

of

practically available technology

that

yields the 9reatest environmental benefit” contained

in

40

CFR 268.8~aj(2)(ifl,incorporated

by reference

in

35 Ill.

Adm. Code 728.108.

It

is

not applicable

to dioxin-

jnj~~jfp~,

F021,

FO22,

F023, FO26,

F027 and

FU28).

b.

That

do not require the addition of units

or

a change

in

the treatment process

or management standards,

and provided

that

the units

have

previously received wastes of the same

106—310

---

-19-

type

(e.g.,

mci

riereror

scr.bber

_____________

~

e~sces

FO2O,

FU?1,

F022,

F023,

P026,

F027

and

P32k).

5.

Other

changes

n

contai ncr

management

practices

(e.g.,

aisle

space

;

types

of contai ne~m~

:

st~creqat1ou

G.

Tanks

3

a.

Mocification

or audition

of tank

units

resulting

in

greater

than 25

increase

in

the

facility’s

tank capacity, except

as

provided

in

paragraphs

G(1)(c),

—dR~

—G(l)(d)

anti

G(1~.

e).

2

b.

Nodificdtiw

or

addit~

:u

uf

tank units

resulting

in

up

to

25k.

increase

in

the

faci

i

ty

~ tan~

Cdpatity,

except

dt

proviued

in

paragraphs

G1i)(d)

and

G(~)(e).

2

c.

Audi tion

of

a

new

tank

thai.

wi

1

operate

for

inure

than

90

acys

using

any

of

the

fri

lowing

physical

or

crieniicai

treatment

techno

ogies:

neutralization,

dewatering,

phase

separation

o~component

separation.

1*

d.

After

prior

approval

of

the

Agency,

addition

of

a

new

tank

that

wHl

operate

for

up

to

90

days

using

any

of

the

following

physical

or

chemical

treatment

technologies:

neutralization,

dewai.ering,

phase

separation

or

component

separati on.

e.

Modification.

or

addition

of

tank

units

or

treatment

—

processes

that

are

necessary to treat wastes

that

are

restricted

from land

disposal

to

meet

some

er

all

of

the

aj~plicabletreatment

standards

or

to

treat

wastes

to

satisfy

(in

whole

or

in

part)

the

standard

of

~use of

practically available technology that yields

the greatest

environmental

benefit

contained in

40 CFR

268.6(a)(2)~ii),

j~p~atedb~yreferencein

35 111. Adm. Code 728.108,

with prior approval

of uc Agency.

This mod~fication

may

also involve the additio~of new waste codes.

it

is not

applicable

to dioxin—containing wastes

(FO2O,

F021,

F022,

F023,

FO26,

F027

and F028).

2

2.

Modification

of

a tank unit or

secondary containment system

without increasing the capacity

of the

unit.

3.

Replacement

of

a

tank

with

a tank that meets the

same design

standards and

has

a capacity within

+1-

10

of

the replaced tank

provided:

a.

The capacity difference

is

no more than 1500 gallons,

b.

The

facility’s

permitted tank capacity is

not increased and

106—311

---

-20-

c.

The

replacement

tank

meets

the

same

conditions

in

the

permit.

2

4.

Modification

of

a

tank

management

practice.

5.

Management

of different wastes

in

tanks:

3

a.

That require

additional

or

different

management

practices,

tank

design,

different

fire

protection

specifications

or

significantly

different

tank

treatment

process

from

that

authorized

in

the

permit,

except

as

provided

in

paragraph

G(5)(c).

2

b.

That

do

not

require additional

or different management

practices,

tank

design,

different

fire

protection

specification

or

significantly

different

tank

treatment

process

than

authorized

in

the

permit,

except

as~rovided

~ra~~G(5)(d.

Note:

See

Section

703.280(g)

for

modification

procedures

to

be used

for the management

of

newly listed

or identified

wastes.

c.

That

req~re addition

of

units

or

change

in

treatment

~sses

or

maria

ement

standards,

rovided

that

the

wastes

are restricted

from

land

disposal

and

are to be treated

to

meet

some

or

all

of

the~ppjicable treatment

standards,

or

that

are to

be treated

to

satisfy

Jf~

whole

or

in

parP)

the

standard

of

“use of practically ~

incorporated

by ~eference

ir

35

Ill

4dm.

Code

728.108.

The

modification

is

not

applicable

to

dioxin—containing

wastes

(F020,

F021,

F022,

F023,

FO26,

F027

and FO28).

d.

That

do

not

require

the

addition

of

units

or

a

change

in

the

treatme

ocess

or

management

standards,

and

provided

that

the

units

have

previously

received

wastes

of

the

same

type

(e.g., incinerator scrubber water).

This modification

is

not applicable to dioxin—containing wastesJFO2O, F021,

F022,

F023,

FO26,

F027 and F02~~I

H.

Surface Impoundments

3

1.

Modification

or addition of

surface impoundment units that

result

in increasing the facility’s surface impoundment

storage

or

treatment capacity.

3

2.

Replacement

of

a

surface impoundment

unit.

2

3.

Modification

of

a

surface

impoundment

unit

without

increasing

the

facility’s

surface

impoundment

storage

or

treatment

capacity

and without modifying the unit’s liner,

leak detection system or

106—312

---

-21-

eachate

collection

syst?ui.

2

4.

honification

of

a

surface

impoundment

management

riraccice.

5.

Treatment,

storage

or

discosal

of

diffeent

wastes

in

serface

i mpouraarrens

3

~.

inns

require

aaditional

or

different

management

~raccices

or

ci tfereni.

desi on

of

the

ii

ncr

or leak detec

ti

on

systt~m

than authori zed

mi

the permit.

2

b.

That

do

not

require

additional

or

different

management

practices

or

different

design

of

the

liner

or

leak

detection

system

than

authorized

in

the

permit.

Note:

See

Section

703.280(g)

for

modification

procedures

to

be

usen for the management

of

newly

listed

o~’identified

wastes.

c.

That

are

wastes

restricted

from

land

disposal

the

meet

the

applicable treatment standards or that

are

treater

to

satisfy

the

standard

of

‘use

pf_practicai_ly

available

technology

that

yields

the

9reatest

environmental

bencfit”

containec

in

40

CFR

268.8(a)(2)(ii

),

incorporated

by

reference

in

35

ill.

4dm.

Code

728.108,

and

provided

that

the

unit

meets

the

minimum

technological

regui rements

stated

in

40

CFR

268.5(h)(2),

incorporated

by

reference

in

35

111. 4dm. Code 726.105.

This modification

is

not

applicable

to

dioxin—containing

wastes

(F020,

F021,

F022,

F023.F026,

F027 and FO2B).

d.

That

are

residues

from

wastewater

treatment

or

incineration, provided

the disposdl

occurs

in

a

unit that

meets

the

minimum

technological

regu~~ements stated

in

40

CFR 268.5(h)(2),

incorporated

by

reference

in

35 Ill. 4dm.

Code

728.105,

and

provided

further

that

the

surface

impoundment

has

previously

received

wastes

of

the

same

type

(for example, incinerator

scrubber water).

This

modification

is not applicable

to dioxin-containing wastes

çFO2O,

F021,

F022,

F023,

F026,

F027 and F028).

I.

Enclosed Wyste

Piles.

For

all waste piles,

except those complying

with

35

ill.

Adm.

Code

724.350(c),

modifications

are

treated

the

same

as

for

a landfill.

The following modifications

are applicable only

to waste

piles

complying with 35 111. 4dm. Code 724.350(c).

1.

Modification

or

addition of waste pile units:

3

a.

Resulting in greater than

25

increase

in the facility’s

waste

pile storage

or treatment capacity.

2

b.

Resulting

in

up to

25

increase

in the facility’s waste

pile storage

or

treatment capacity.

106—313

---

—22-

2

2.

ModifIcation of waste pile unit without Increasing the capacity

of

the

unit.

1

3.

Replacement of a waste pile unit with another waste pile unit of

the

same

design

and

capacity

and meeting

all

waste

pile

conditions

in the permit.

2

4.

Modification of a waste pile management practice.

5.

Storage or treatment of different wastes

In waste piles:

3

a.

That require additional

or different management practices

or

different

design

of

the

unit.

2

b.

That do not rEquire additional or different management

practices or different design of the unit.

Note:

See Section 703.280~g)for modification procedures

to be used

for

the

management

of

newly

listed

or

identified

wastes.

J.

Landfills and Unenclosed Waste Piles

3

1.

Modification or addition of landfill units that result in

Increasing the facility’s disposal capacity.

3

2.

Replacement of a landfill.

3

3.

Addition or modification of a liner, leachate collection system,

leachate

detection

system,

run—off

control

or

final

cover

system.

2

4.

Modification

of

a

landfill

unit

without

changing

a

liner,

leachate

collection

system,

leachate

detection

system,

run-off

control

or

final

cover

system.

2

5.

Modification

of

a

landfill

management

practIce.

6.

Landfill

different

wastes:

3

a.

That

require

additional

or

different

management

practices,

different design of the liner, leachate collection system

or leachate detection system.

2

b.

That do

not

require additional or different management

practices, different design of the liner, leachate

collection system or leachate detection system.

Note:

See Section 703.280(g) for modification procedures

to be used for the management of newly listed or Identified

wastes.

.1.

c.

That are wastes restricted from land disposal.that

meet

the

applicable

treatment

standards

or

that

are

treated

to

106r314

---

-23-

~

a i

1

a b

1

e

tec~~o1o

that

lelds

the

~‘eatest

environrneri~a1 benefit’

~ained

in

40

CFR

268

incor~d

0’

refe’ence

in

35

111,

i~dri,Code

72~.i08, and

pro~tidectnat

the

lanafili

unit

mee

tne

minimern

techno’oyica1

~~j’ements

stated

in

FT 268, 5ftT1~IJnc~or~

Dy

refeence

in

35

111,

Ad-~. Code

728.10~.

This

rodification

~

F022,

F023,

F026,

F027 end

F028).

a.

That

are

residues

from

wastewater

treatment

or

incineration, provided the

disposal occurs

in

a landfill

unit that meets

the minimum technological ~‘eguirements

stated

in

40 CFR 2e8.5(h)(2),_incorporated_by reference

in

35

111.

Adm. Code /28.105,

and provided furtner that

tOe

landfill

ha

reviousl

recei ved

wastes

of

the

same type

ftç~

examp

~,

~

applicable

to dioxin-containing wastes

(F020,

F021,

F32~,

F023,

F026,

F027

and F028).

K.

Land

Treatment

3

1.

Lateral expansion of

or other modification

of

a

land treatment

unit to

increase area extent.

2

2.

Modification

of run—on

control

system.

3

3.

Modify

run—off control

system.

2

4.

Other modification

of

land treatment unit component

specifications

or standards “equi”ed

in

permit.

5.

Management

of different wastes

in

land treatment

units:

3

a.

That require

a

change

in permi~operating conditions

or

unit design specifications.

2

b.

That

do not require

a change

in permit operating conditions

or unit design specifications.

Note:

See Section 703.280(g) for modification procedures

to

be used for the management of newly listed

or identified

wastes.

6.

Modification

of

a land treatment unit management p”actice to:

3

a.

Increase rate or change method of waste

application.

b.

Decrease

rate

of waste application~

2

7.

Modification of

a land treatment unit management practice

to

change measures of

pH or moisture

content

or

to enhance

microbial

or chemical

reactions.

106—315

---

-24-

3

8.

Modification of a land treatment unit management practice to

grow food chain crops, to add to or replace existing permitted

crops with different food chain crops qr to modify operating

plans for distribution of ahimal

feeds resulting from such

crops.

3

9.

Modification of operating practice due to detection of releases

from the land treatment unit pursuant to

35 Ill.

Adm.

Code

724.378(9) (2).

3

10.

Changes

in

the, unsaturated

zone

monitoring

system

resulting

in

a

change

to

the

thcation,

depth,

number

of

sampling points

or

replace unsaturated zone monitoring devices or components of

devices with devices or components that have specifications

different

from

permit

requirements.

2

11.

Changes

in

the

unsaturated

zone

monitoring

system

that

do

not

result

in

a

change

to the location,

depth, number of sampling

points,

or

that

replace

unsaturated

zone

monitoring

devices

or

components

of

devices

with

devices

or

components

having

specifications

different

from

permit

requirements.

2

12.

Changes

in

background

values

for

hazardous

constituents

in

soil

and

soil-pore

liquid.

2

13.

Changes

in sampling, analysis or statistical procedure.

2

14.

Changes In land tr!atment demonstration program prior to or

during

the

demonstration.

1*

15.

Changes in

any

condition

specified

in

the

permit

for

a

land

treatment unit to reflect results of the land treatment

demonstration, provided performance standards are met, and the

Agency’s

prior

approval

has

been

received.

1*

16.

Changes

to

allow

a

second

land treatment demonstration to be

conducted when the results of the first demonstration have not

shown

the

conditions under which the wastes can be treated

completely, provided the conditions

for the second demonstration

are substantially the same as

the

conditions for the first

demonstration and have received

the

prior

approval

of

the

Agency.

3

17.

Changes to allow a second land treatment demonstration to be

conducted when the results of the first demonstration have not

shown

the

conditions

under

which

the

wastes

can

be

treated

completely, where the conditions for the second demonstration

are

not

substantially

the

same

as

the

conditions

for

the

first

demonstration.

2

18.

Changes

in

vegetative

cover

requirements

for

closure.

1.

106—316

---

—25—

3

1.

Changes to Incre

sc. by more thcn

25.. aiy ~

th~efollowing limits

authorized

in

the

permit:

A

the”rac,,

feed

rate

limIt,

a

waste

feed

rate

limit

0”

an

organic

chlo”:ne

feea

rate

‘imIt.

The

Agency

shall

require

a

new v’ial

bin

t3

substdntiate

compliance

with the “egulatory pertorb,ance stand3~’dsunless this

demonstration

can

be

made

through

ut~’~

mtans.

2

2.

Changes

to

increasE,

by

uj.

to

25.

c~y

of

tnt

followi.ig

limits

authorized

In

the

permIt:

/~

tPie~l

tec.a rate

ilIai1.,

a Wc.stt

feed lint o” an organ.~cnlo”in-

teCO

rat.

Iin.it.

The .lyeI’

v

shall

require a new triai

bu”n to sJDstantiate cor.uyharic.e wi~n

the “egulato”y performance standaras unless this de~.onstratioi

can be made througn other

meai~s.

3

3.

ModifIcatIon of

an

incintrato’- unit by thu jing the internal

size

or

geometry

of

tne

r’-ima!y

or

secondary

con.oustion

u

its,

by adding a p’-imary or st.ondo’i co~oustion

unit,

by

substantially changing the design of any co

nent used to

remove HC1

o’- particulates fro’ the combust’on gases or by

changing other features of

th

icinerator ~natcould affect its

capability to meet

the regula

‘y perto”r’ance standards.

The

Agency shall

require a new trial

burn to substantiate compliance

with the regulatory

perfo”tiance standards, unless this

demonstration can

be

made

th’-ough

other

means.

2

4.

ModIfication of an incinerato’- unit

In a manne’- that will

not

likely affect the capability

of the unit to meet the regulatory

performance standards but which will change the ope”atlng

conditions or monitoring requirements specified

in the pe~it.

The Agency may “equire a new trial burn to dem nstrate

compliance with the regulatory performance standards.

5.

Operating requirements:

3

a.

Modification of the limits specified in the pe”mit for

minimum contustion gas tenperature, minimum contustion gas

residence time or oxygen ~oncentration

In the secondary

contustion

chamber.

The Agency shall

require a new trial

burn to substantiate compliance with the regulatory

performance

standards

unless

this

uumonstration

can

be

made

tnrough other means.

3

b.

Modification

of

any

stack

gas

emission

limits

specified

in

the permit, or modification of any conditions

in the permit

concerning emergency shutdown or automatic waste feed

cutoff

procedures

or

controls.

2

c.

Modification of any other operating condition or any

inspection

or

recordkeepinq

requIrement

specified

in the

permit.

6.

Incineration

of

different

wastes:

3

a.

If

the

waste

contains

a

POHC

that

Is more difficult to

106—317

---

-26-

incinerate than authorized by the per~.itor it

incine’-atlon

of the waste requires compliance with diffe”ent regulator3

performance standards than specified

In

thc. pen

a,

t&

Agency shall

require a new trial

burn to substa

iate

con~pliancewith the regulatory pe”fo”mance star..~”ds,

unless this demonstration can be rade throuy’. other means.

b.

if the waste does not contain a POC that is more difficult

to Incinerate than authorized by tnt permit and

if

incineration of the waste doe~not require compliance with

different regulato’-y performanre standards thai specified

in the permit.

BOARD NOTE:

See Section 703.280(g) for modification

p’ucedures to be

used

for

the

manager.~entof newly

listed

or

i

cntlfied wastes.

7.

Shakedown and trial

burn:

2

a.

Modification of the trial burn plan or any of the permi~

conditions applicable during the snakedown period for

determining operational readiness after construction, the

trial

burn period or the period inmediately following the

trial

burn.

1*

b.

Authorization of up to an additional

720 hours of waste

incIneration

durIng

the

shakedown

period

for

determining

operational

readiness

after

construction,

with

the

prior

approval

of

the

Agency.

1*

c.

Changes in the operating requirements set in the permit for

conduct’ng

a trial

burn,

provided the change

is minor and

has

received

the

prior

approval

of

the

Agency.

1*

d.

Changes

In

the

ranges

of

the

operating

requirements

set

in

the

permit

to

reflect

the

results

of

the trial burn,

provided

the

change

is

minor

and

has

received

the

prior

approval

of

the

Agency.

8.

Substitution

of

an

alternate

type

of

fuel

that

is

not

specified

in the permit.

BOARD NOTE:

Derived from 40 CFR 270.42, Appendix I, as adopted

at 53 Fed. Reg. 37934, September 28,

1988.

Source:

Amended

at

14 Ill.

Reg.

effective

106

c3l8

---

—27-

TiTLE

35:

ENVIRONIIHTAL

PRuTEtT1C

SUBIiTLE

6:

WASTE

U’SPOSnL

CHAPTEk

I:

POLLUT1O’s

SUBCHAPTER

c:

HAZARDOUS

WASTE

OPt~hTsNGREO’J~REMEI4is

PMT

.2.

HA41ARDuUS

WASTE

MA’

.3EME.IT

SYSTEM:

SUBPART

A:

GEkERtL

PR0ViSI~

Sect4 on

720.ioi

Pur,rnse,

bcope

ano

Appl;cab’’:,.

720.102

Availability

of lnfonrdtion; Confidentiality of information

720.

103

Use of Number and Gender

SUbr’nRT

B:

Section

72u.ii0

Definicior’

720. iii

References

SUBPART C:

RILEMAKING PETITiONS

AND

OTHER PROCEDURES

Section

720.120

Rulenaking

720.121

Alternative Equivalent Testing Methods

720.122

Waste

Delisting

720.130

Procedures

for

Solid

Waste

Determinations

720.131

SolId Waste DeterminatIons

720.142

Boiler Determinations

720.

133

Procedures for Determinations

720.140

Additional

regulation of certain hazardous waste Recycling

Activities on a case—by—case Basis

720.141

Procedures for case—by-case regulation of hazardous waste Recycling

Activities

Appendix

A

Overview

of

40 CFR, Subtitle C Regulations

AUTHORITY:

Implementing Section 22.4

and

authorized by Section 27 of the

Environmental

Protection Act (Ill.

Rev. Stat.

1988 Supp., ch.

111 1/2, pars.

1022.4 and 1027).

SOURCE:

Adopted In R81-22, 43 PCB 427,

at 5 Ill. Reg.

9781, effective as

noted

in 35 Ill. Adm. Code 700.iO6; amended and codified in R81-22, 45 PCB

317, at 6 Ill. Reg. 4828, effective as noted

in 35 Ill. Adm. Code 700.106;

amended in R82-19 at 7 Ill. Reg.

14015, effectIve Oct. 12, 1983; amended

In

R84-9, 53 PCB 131 at 9

Ill. Reg. 11819, effective July 24, 1985; amended in

R85—22 at 10 Ill. Reg.

968, effective January 2,

1986; amended

in R86-1

at

10

Ill. Reg.

13998, effectlvi, August

12,

1986; amended in R86-19 at

10 Ill. Reg.

20630, effective December

2, 1986; amended In R86—28 at 11111. Reg.

6017,

effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13435, effective

August 4,

1987;

amended in R87—5 at 11111. Reg. 19280, effective November

12, 1987;

amended in R87-26 at

12 Ill. Reg. 2450, effective January 15,

1988;

amended in R87—39 at 12 Ill. Reg.

12999, effective July 29,

1988;

amended in R88-16 at 13 Ill. Reg.

362, effective December 27, 1988;

amended

In

R89-1

at

13 Ill. Reg.

,

effective November 13, 1989;

amended in R89-9

at 14 Ill. Reg.

•

106—319

---

-

S

~

‘‘~

rj~

~

L.

L

~,i

~

Section

720.111

Refe~’ence~

a)

The

following

pubi icatior:s

are

incorporated

by

r:ference:

ANSI.

Avaiiaule

from

the.

Amen

:rir

Ncttional

Standards

Institute,

1430 Broadway,

New

York,

New

Yor~.

10010,

(212)

354—3303:

ANSI

B31.3

aria

B31.4.

See

ASMI./ANS1

B31.3

and 831.4

API

,

Available

from the American

Pe~roieumInstitute,

1220

L

Str~et, N.W,,

Washington,

D.C.

200u5,

(202)

682-a000:

“G~ide

fo’~inspection

of

Refinery Equipment, Chapter

XIII,

At~~ospheric

arid Low

Pr u~su

re

STorage

Tanks,’

4th

Editi

on,

1981,

reaffirmed DecemDer,

19

“Cathodic Protection

of

Under~ound

Petroleum Stor’age Tanks

and

Pipi rig

Systems,”

API

Recornrnnded Practice

1632,

Second

Edition,

December,

1987.

“Installation of Underground Petroleum Storage Systems,”

API

Reconinended Practice

1615, Fourth Edition, November,

1987.

ASME.

Available from the American S~.iety of Mechanical

Engineers,

345 East 47th Street,

New

York,

NY

10017,

(212)

705-

7722:

“Chemical

PlQflt

and Petroleum Refinery Piping”, ASME/ANSI

831.3

-

1987,

as supplemented by B31.3a

-

1988

and B31.3b

-

1988.

Also available from ANSI.

“Liquid Transportation Systems for Hydrocarbons, Liquid

Petrol

cmi

Gas, Anhydrous Amnoni a,

and Al cohol s”, ASME/ANSI

831.4

1986,

as supplemented by B31.4a

-

1987.

Also

avail~iefrom ANSI.

ASTM.

Available from American Society for Testing

and

Materials,

1916 Race Street, Philadelphia,

PA 19103,

(215)

299—

5400:

“ASTM Standard Test Methods for Flash Point

of Liquids by

Setaflash Closed Tester,”

ASTM Standard D-3828—87.

“ASTM Standard Test Methods for Flash Point Pensky—Martens

Closed Tester,”

ASTM Standard D-93—79 or D—93—80.

GPO.

Available from the Superintendent

of Documents,

U.S.

Government Printing Office, Washington, D.C.

20401,

(202)

783-

3238:

106~320

---

-29-

Standard

Industrial

Ci

assi

fication

Manual

(1972),

and

1977

Supplement,

republished

in

1903

NACE,

Available

from the National Association

of

Corrosion

Engineers,

1400

South

Creek

Dr.,

Houston,

TX

77084,

(713)

492—

0535:

“Control

of

External

Corrosion

on

Metallic

Buried,

Partially Liuried,

or

Submergec

~~iquid

Sto~ogeSyste:~s”,

NAE

Recomended Practice RP0285-95, approved

March,

1903.

NFPA.

AvailablL from the National

Fire

Protection Association,

Batterynarch

Park,

Boston, MA

02269,

(617)

770-.3300 or

(800)

344-3555:

“Fianiiiabie and Combustible Liquids Code” NFPA 30,

issued

July

17,

1987.

Also

avdila0ie

fro~

ANSi.

NTIS.

Available

from the National Technical

I nforrration

Service,

5285

Port Royal

Road,

Spririgfieic,

VA

22161,

(703)

481-4600:

“Generic Quality Assurance Project Plan

for Lanu Disposal

Restri ctions

Program”, EPA/530-SW—87—011,

Mcrcn

15,

1987.

(Document number

PB 88-170766.

“Methods

for Chemical Analysis

of Water and Wastes”, Third

Edition, March, 1983.

(Document number

PB 84-128677)

“Procedures Manual

for

Groc

id

Water Monitoring

at Solid

Waste Disposal Facilities”,

EPA-530/SW-6I1,

1977.

(Document number

PB

84-174820)

“Test Methods for Evaluating Solid Waste,

Physical/Chemical

Methods,”

EPA Publication

number SW-846

(Second Edition,

1982

as

amended

by Update

1

(April,

1964)

and Update

11

(April,

1985))

(Document number PB

87—120291)

STI.

Available from the Steel

Tank Institute,

728 Anthony

Trail, Northbrook,

IL

60062,

(312)

498—1983:

“Standard for Dual

Wall

Underground Steel

Storage Tanks”

(1986).

b)

Code of

Federal Regulations.

Available from the Superintendent

of

Documents, U.S. Government Printing Office, Washington, D.C.

20401,

(202)

783-3238:

10 CFR

20, Appendix

B

—~9~8~-(1989)

40

CFR

136 —~98~—(1989)

40 CFR

142

—(~98~4—(1989)

106—321

---

-30-

40 CFR 220 -~988~—~989

40

CFR

260.20 -~988~-(I989)

40 CFR

24

-98-~~9

40

CFR

302.4,

302.5

and

302,6

—~98~4-(1989)

40 CFR

761

-~9~-(1989)

c~

Federal

Statutes

Section 3004 of the Resource Conservation and Recovery Act

(42 U.S.C.

6901

et

seq.),

as

amended through December

31,

1987.

d)

This

Section

incorporates

no

later editions

or amendments.

Source:

Amended

at

14

Ill.

Reg.

,

effective

SUBPART

C:

RULEMAKiNG PETITIONS AND OTHER PROCEDURES

Section 720.122

Waste Delisting

a)

General delistings

or delisting of

specific wastes from specific

sources which

have been adopted

by

USEPA may be

proposed

as

state

regulations which are identical

in substance pursuant

to Section

720.120(a).

b)

Delistings which have

not been adopted

by USEPA may be

proposed to

the Board

pursuant to Section 720.120(b);

however, this does not

infer

that. the Board

has authority to

adopt

such delistings.

The

Board will determine whether

it has authority to delist such wastes

on

a case—by-case basis.

c)

The Agency may determine

in

a permit

or

a letter directed

to

a

generator that,

based

on

35 111. Adm. Code

721,

a waste from

a

particular

source

is not subject

to these

regulations.

Such a

finding

is evidence against the Agency

in

any subsequent proceedings

but

shall

not be conclusive with reference to

other persons

or the

Board.

d)

The Board

incorporates

by

reference 40 CFR 260.22

(1988),

as

amended

at

54 Fed.

Reg.

27116, June 27,

1989.

This Section incorporates

no

future amendments

or editions.

Any petition

to delist directed to

the Board

or

request for determination directed

to

the Agency

shall

include the information

required by

40 CFR 260.22 —4~98~

—and a

showing that the delisting needs

to

be adopted

as

a

part of the

Illinois RCRA program.

e)

Waste delistings will

not be approved

if

the result would make

the

Illinois program less than substantially equivalent to the federal.

f)

Delistings will apply

only within Illinois.

Generators —~st-shall

comply with 35 Ill.

Adrn.

Code 722 for waste which

is hazardous

in any

106—322

---

—31-

state

to

which

it

is

to

be

transported.

Source:

Mended at 14

lU.

Reg.

,

effective

106—323

---

-32-

Secti on

728.101

728. 102

728. 103

728. 104

728.

105

728.106

728. 107

728.lOa

Section

728.130

728.131

728. 132

728. 133

728.134

728.139

Waste Specific Prohibitions

——

Waste Specific Prohibitions

——

Waste Specific Prohibitions

——

Waste Specific Prohibitions

——

Waste

Specific

Prohibitions

——

Statutory

Prohibitions

Solvent

Wastes

Dioxin-Containing

Wastes

California List Wastes

First Third Wastes

Second

Third

Wastes

SUBPART D:

TREATMENT STANDARDS

Applicability

of Treatment Standards

Treatment Standards expressed

as Concentrations

in Waste Extract

Treatment Standards expressed as Specified Technologies

Treatment Standards expressed

as Waste Concentrations

Adjustment

of Treatment Standard

SUBPART

E:

PROHIBITIONS ON STORAGE

Secti on

728.150

Prohibitions

on Storage of Restricted Wastes

Table

A

Table B

Appendix A

Appendix B

Appendix C

Constituent

Concentrations

in Waste Extract

(CCWE)

Constituent

Concentrations in Waste

(CCW)

Toxicity Characteristic Leaching Procedure (TCLP)

Treatment Standards

(As concentrations in the Treatment Residual

Extract)

List

of Halogenated Organic Compounds

AUTHORITY:

Implementing Section 22.4 and authorized

by Section

27

of the

Environmental

Protection Act ~iii.Rev. Stat.

1988 supp.,

ch.

111

i/a, pars.

1022.4

and

1027).

SOURCE:

Adopted

in R87—5

at

11 Ill. Reg. 19354, effective November

12,

1987;

amended

in R87—39

at

12 111. Reg.

13046, effective July 29,

1988;

TITLE

35:

ENViRONMENTAL

PR0TECTI0~

SUBTITLE

G:

WASTE

D~SP0SAL

CHAPTER

1:

POLLUTION

C0NTR3~.

BOARI)

SUBCHAPTER

c:

HAZARDOUS

NASIE

OPERATING

REQUIREMENTS

PART

728

LAND

DiSPOSAL

RESTRiCTiONS

SUBPART

A:

GENERAL

Purpose, Scope and Applicability

Definitions

Dilution

Prohibited

as

a Substitute for Treatment

Treatment

Surface

Impoundment

Exemp~i

on

Procedures

for

case-by-case

Extensions

to

an

Effective

Date

Petitions

to Allow

Land

Disposal

of

a

Waste

Prohibited

under

Subpart

C

Waste

Analysis

Landfill

and Surface

Impoundment

Disposal Restrictions

SUBPART

C:

PROHIBiTION

ON LAND DISPOSAL

Section

728.140

728. 141

728.142

728. 143

728.144

106—324

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